Though North Kingstown voters overwhelmingly approved at an April special election selling the Old Library/Town Hall Annex building on Brown Street in Wickford, and the Town Council has signed off on the sale, for $100,000, to be developed into a restaurant/event center, residents still might be stuck with the property Caleb Chadsey donated to the town 1894.

That’s because the Attorney General’s office informed the town yesterday it believes the property in question – the stately-columned 4,600-square-foot Greek Revival building on Brown Street in Wickford – was donated as a charitable trust. Charitable trusts, as explained in the letter from the AG’s office to the town, can only be changed, or liquidated, with court approval.

“We have determined that the Wickford Library is a charitable trust,” wrote David Marzilli, an attorney for the Charitable Trust Unit of the Attorney General’s office. “Therefore, it is our opinion that North Kingstown must seek permission of the Court to sell the Library. Specifically, we believe that North Kingstown will need to file a petition which seeks relief from the trust restrictions and approval to sell the library.”

North Kingstown Town Councilor Ellen Waxman, the lone opposition on the Council to selling the property, brought the matter to the attention of the Attorney General’s office, according to Amy Kempe, a spokesperson for Attorney General Peter Kilmartin. In late April – days after the referendum election in which residents approved the sale 1,598 to 386 – the AG’s office asked the town to not move forward with the sale.

In a letter Waxman wrote to Town Manager Ralph Mollis in March, she expressed concerns about selling the property. “I believe it would be irresponsible for the Town to sign any agreement concerning the conveyance of this property without first having the Chadsey’s will, probate, codicil, and the original Trustee documents from the Library Board, evaluated by the Rhode Island Attorney General, or at least an Estate and Trust expert who specializes in interpreting testator intent,” she wrote in a letter to Mollis dated March 25.

Waxman said neither Mollis or any of her colleagues on the town council cared about her concern. “They basically blew me off,” she said.

Waxman, who brought the issue to the AG’s office prior to the referendum, said the letter means the sale cannot move forward. “The plans are now not possible given the circumstances,” she said.

But Town Council President Dick Welch said the Council will wait until its Monday night meeting to decide how to move forward. When asked if the Council might proceed with the sale as planned, in spite of the letter from the Attorney General’s office, he said, “We’ll decide that Monday night.”

Mollis said the Town Council could decide to proceed with the sale as planned, though that it isn’t his recommendation as town manager. “It’s definitely an option,” he said. “And personally it may be the option I prefer but professionally the option I would recommend would be to take the legal course.”

He said the town “never considered it a charitable trust and it ceased being a library 40 years ago. We followed the legal advice. The steps we took were prudent and had legal merit.”

Eve Clulow, the Newport restaurateur who agreed to purchase the property from the town, said, “My plan is to continue to go forward with the project.” She said she has no idea to what extent the Attorney General’s decision could delay, or even derail, her plan, which was to open by next summer. “I have no way of knowing how a judge will decide,” she said.

My comment was a reflection of a first impression. I, subsequently read a little more about the proposal. I don’t know, still. First, the building is valued at over a million. The town is letting it go for 100 thousand. Second, there was a special election where 80% of 8.6% of the eligible voters “overwhelmingly” approved the measure. ??

There seem to be a few details missing. Was the building built in 1895? It looks like older Greek revivals from the early 19th century. If it were built earlier than the donation date, what was it used for before it was a library? Regardless, it is reminiscent of a temple – a contemplative place. It looks like museum. I don’t think it should be used for commercial purposes but if it is to be put to that use I definitely agree w/ Ms. Waxman. The building shouldn’t sold for a song. It should be leased.

According to Gillian Kiley, there. Is a lot of support for selling off Providence Water. Charles Brunie’s Irritating question to Gina Raimondo at the right wing Manhattan Institute echoes in my head, “They’re selling assets off like crazy over in the Eurozone ‘thing’.” No one will be content until every public asset is sold off, it seems. I think Lincoln Steffens would have so much more to write about if he survived into this day and age.

Now we’re onto cannabis monopoly give aways to people who used to arrest those who will now make them millionaires(uh, as the Projo article linked to by Will Weatherly quoted a patient, it’s cheaper to buy on the street and the street dealers are more honest. How predictable). Philistine is too kind a word it seems.